Hong Kong Case Law: Decisions & Judgments

Topic

Medical negligence

Legal area

Court

31 Oct 2017

KWOK CHUN MAN v. WONG WAI CHUNG

Citation

KWOK CHUN MAN v. WONG WAI CHUNG
Court

District Court
Case number

DCPI476/2015

Service by insertion of the re-amended writ into the letterbox at Address 3 constituted effective service under Order 10 r 1(2); the defendant failed to produce convincing evidence that the proceedings were not brought to his attention and failed to demonstrate a real prospect of success on liability; accordingly the setting aside summonses were dismissed and the interlocutory default judgments stand.
9 Oct 2012

KWAN YUEN MEI v. LEE, SEE CHING AND OTHERS

Citation

KWAN YUEN MEI v. LEE, SEE CHING AND OTHERS
Court

Court of First Instance
Case number

HCPI570/2009

The appellant's medical negligence claims were rightly struck out because the expert reports failed to satisfy the procedural formalities and did not establish, even at their highest, the causation and breach required by the Bolam test; however, it was arguable that Dr Lau authorised the non-consensual urine tests so the Master erred in dismissing the battery claim against him and that part of the appeal should be allowed with leave to re-amend and re-file.
14 Nov 2001

LEONARD LEACH v. HOSPITAL AUTHORITY

Citation

LEONARD LEACH v. HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCPI1285/2000

On balancing the factors — the plaintiff's foreign residence, discharge of legal aid, delay, impecuniosity and lack of current expert evidence indicating negligence versus the risk of stifling the claim — the court exercised its discretion to order limited security to protect the defendant from costs exposure without imposing an oppressive barrier; security of HK$50,000 was appropriate to cover the period May to December and specified hearings and the proceedings were stayed pending payment.
9 Nov 1990

CHUNG KI LEUNG AND OTHERS v. ATTORNEY GENERAL AND ANOTHER

Citation

CHUNG KI LEUNG AND OTHERS v. ATTORNEY GENERAL AND ANOTHER
Court

Court of Appeal
Case number

CACV96/1990

Financial subvention, budgetary supervision, and integration into a regional health framework do not, without more, create the necessary proximity to impose a common law duty of care on Government for negligent acts or omissions of an independent subvented hospital; therefore the claim against the Attorney General was correctly struck out.
31 Aug 1979

CHAN KAN (OR KUN) AND ANOTHER v. YEUNG MING AND ANOTHER

Citation

CHAN KAN (OR KUN) AND ANOTHER v. YEUNG MING AND ANOTHER
Court

Court of First Instance
Case number

HCA1919/1977

The court found that the defendants' negligence caused the plaintiff's injuries and the prolonged treatment; the court rejected defendants' contention that plaintiff's obesity or alleged indiscipline broke causation and awarded damages for pain, suffering, loss of amenities and loss of future earnings with specified multipliers and interest.
5 Dec 1974

WONG HOK-CHUNG v. CHOW WAI-KAM AND OTHERS

Citation

WONG HOK-CHUNG v. CHOW WAI-KAM AND OTHERS
Court

Court of First Instance
Case number

HCA1350/1972

The court found that the hospital's failure to diagnose and treat the foot did not constitute a novus actus interveniens that broke the chain of causation; the original tortious act remained the effective cause of the plaintiff's disability and loss, and the defendant was liable. Damages for loss of earnings, pain and suffering and loss of amenities were assessed at HKD 49,200 with agreed special damages HKD 18,309.75 plus 4% interest on the special damages from date of injury; costs to plaintiff.

Hong Kong Case Law

KWOK CHUN MAN v. WONG WAI CHUNG

KWAN YUEN MEI v. LEE, SEE CHING AND OTHERS

LEONARD LEACH v. HOSPITAL AUTHORITY

CHUNG KI LEUNG AND OTHERS v. ATTORNEY GENERAL AND ANOTHER

CHAN KAN (OR KUN) AND ANOTHER v. YEUNG MING AND ANOTHER

WONG HOK-CHUNG v. CHOW WAI-KAM AND OTHERS